Thetford v. City of Clanton
In Thetford v. City of Clanton, 605 So. 2d 835, 841 (Ala. 1992) the trial court entered a summary judgment for the defendants in a wrongful-death action.
In that case, the wife, after telephoning the sheriff's department because her husband had allegedly abused her, checked into a Holiday Inn motel, under a fictitious name. She requested that her husband not be allowed to enter her room. Two days later, her husband arrived and asked the manager to let him into her room. The manager used his pass key to open the door and then cut the chain off the door to admit the husband. The wife was beaten to death several hours later at a different motel.
A majority of the Court reversed the summary judgment for Holiday Inn and the manager, holding that foreseeability of harm was a jury question based on the facts of that case.